Wang Feng

Involved in gas stations still open for business. Jinghua Times reporter Zhang Jianshe
Petroleum Marketing Company Shijiazhuang seventh gas station (the seventh gas station) over the original owners, Kay, from 2006 began to "pour oil" in the name, to some investors Xichu Xinji City, Hebei Province, the cumulative amount of 12.68 million yuan, and promised up to 45 percent interest. Ultimately resulting in up to 128 million yuan of losses to more than depositors. Man found guilty of illegal Xinkai deposits from the public crime, he has been sentenced to eight years in prison.
 
Li Xinji red three borrowers think,air jordan femme pas cher, seventh gas station and its parent unit in the oil Shijiazhuang Sales Company (hereinafter referred to Shijiazhuang Branch) is responsible to deal with this matter and, therefore, the two sued the Shijiazhuang Intermediate People's Court, seeks compensation 110 million yuan loss. Yesterday,louboutin homme, the Beijing Times reporter learned exclusively, Shijiazhuang Intermediate People's Court of first instance verdict, found compensation seventh gas station and Shijiazhuang Branch Li Hung 3 people amounting to 1.1 billion yuan.
 
Currently, the first instance verdict, the seventh gas station and Shijiazhuang Branch has appealed to the Hebei Provincial Higher People's Court.
 
Xichu
 
Gas station owners illegal Xichu jailed for eight years
 
July 3, 2014, outside the city of Xinji side of State Road 307, seventh gas station open for business. When lifting the station's original owners over the new Kay, employees closely guarded secret.
 
After Xinji court finds that from 2006 to 2012, over the new gas station owners Kay served as the seventh period, in order to "pour oil" as bait to earn high spread through word of mouth, etc., some of the Xinji investor deposits, and opened up to 45% interest. At the time of being arrested, a total of 88 people absorb 32 deposits 12.68 billion yuan. To Xinji Li Hung, Wang Feng (a pseudonym), Baoding Quyang County, south to Beijing, who caused the loss of more than 128 million yuan.
 
Xinji court held that the full new Kay behavior has constituted the crime of illegal deposits from the public,http://bbs.geochina.com/home.php?mod=space&uid=681968&do=blog&quickforward=1&id=5436, a huge amount. June 20,http://bbs.pipa.com/forum.php?mod=viewthread&tid=3875972, 2013, full of new Kai was sentenced to eight years and fined 300,000 yuan. All property seized illegally acquired. Man, Kay did not appeal, now a prison sentence.
 
Claimant
 
V. 1.1 depositor claims more than 100 million yuan of oil
 
Li Hung is Xinji City, a clothing company in charge. July 2, Li Hung garment factory normal business, in the office looking at a picture of Li Hung "IOU" and the Shijiazhuang Intermediate People's Court in civil judgments. It is full of new Kay these IOUs written, stamped with the official seal of the seventh station. Full Xinkai open a high interest, Li Hung accumulated more than 46 million loan to fill the new Kay, "was to see if he was the manager of the gas station,http://7iyun.cn/thread-258943-1-1.html, but also to talk about borrowing the gas station in his office talking to him very trusted." And Wang Feng, Beijing south to lend full XINKAI respectively more than 31 million,louboutin homme, more than 3400 million. Illegal Xichu full new Kay brought to light, and other 3 Li Hung up 1.1 billion yuan of loans can not be recovered.
 
After the full new Kay was captured in June 2012, Li red 3 respectively seventh gas station and taken to the Shijiazhuang Intermediate People's Court of Shijiazhuang branch that seventh gas station at fault, and the fault and the loss of three of them a causal relationship, the seventh station to deal with these losses liability. The seventh station is a subsidiary of Shijiazhuang branch offices, deal with the debt seventh gas station joint liability. Thus requiring the seventh gas station and Shijiazhuang Branch repay the loan plus interest, on which the loan principal amount of up to 110 million yuan.
 
Responsibility
 
Major aspects of the oil deposit management loopholes
 
Full of new original owners Kay as a seventh station to the identity of the person in charge for the illegal deposit-taking society, and stamped with the official seal on the IOU seventh gas station. As a parent unit of Shijiazhuang Branch and the inauguration of the new Kay seventh full service stations should not be responsible for what? This issue has become a focus of the case. In this regard, the Shijiazhuang Intermediate People's Court verdict clearly identified, the new Kay's conduct constitutes full list see representatives, therefore Shijiazhuang Branch and seventh stations should bear responsibility for this.
 
Moreover, the court pointed out some mistakes and problems in the oil field in the judgment. Shijiazhuang Intermediate People's Court verdict stated Shijiazhuang Branch seventh gas station and not in accordance with the relevant provisions of the management and disposal of seals, resulting in full use of the seal with new Kelly seventh gas station in the name of foreign borrowing, this seventh gas station and Shijiazhuang Branch significant fault.
 
Meanwhile, seventh gas station and Shijiazhuang Branch regulations are not sound,http://www.qinzigo.com/home.php?mod=space&uid=2620, and the existing system has not been strictly enforced,http://www.trekbbs.com/forumdisplay.cgi, full of management behavior and unauthorized use of the new Kay seal behavior without effective oversight. Accordingly, the seventh gas station and Shijiazhuang Branch obvious fault, the fault with the economic loss red three people Li has a direct causal relationship, should bear the liability for the loss of three people.
 
May 19 this year, on the 20th, Shijiazhuang Intermediate People's Court in these three cases has made a verdict, the claims of Li Hung, Wang Feng, south to Beijing and other three proposed loan principal compensation, the court shall be supported, but seeks compensation interest on claims, the court not support it. According to these three judgments, seventh gas station and Shijiazhuang Branch should compensate Li red 3 1.1 billion yuan.
 
Glossary
 
See the table on behalf of
 
According to Article 50 of the Contract Law, Representative by means of the legal representative or person in charge of the legal person or other organization on behalf of privilege beyond a civil legal act, in good faith is based on some objective fact that there are reasonable grounds to believe it does not go beyond on behalf of permissions , which acts on behalf of an effective system.
 
See representatives constituting the table should have the following elements: 1,http://seo-directories.info/regist_ys.cgi. Legal representative or person in charge of legal persons or other organizations in the name of legal persons or other organizations of civil act; (2) the legal representative or person in charge of the implementation of civil legal acts beyond the its representative authority; 3 goodwill relative person has reasonable grounds to believe that the legal representative or person in charge did not go beyond the representative authority.
 
See representatives constituting the table, even if the legal authority or other organizations not ratified, acts on behalf of its legal representative or person in charge of the implementation is still valid, legal persons or other organizations not rely on its legal representative or responsible person on the grounds of ultra vires claims defense.
 
Appeal
 
PetroChina to appeal against sentence
 
After the Shijiazhuang Intermediate People's Court of first instance verdict,nike air max pas cher, Shijiazhuang Branch seventh gas station and refused to accept the verdict, and on May 26 the Hebei Provincial Higher People's Court of Appeal. PetroChina believes, the first instance court found that the facts clearly at fault. Man Kay conduct did not constitute a new table to see representatives. The seventh head of the gas station is not full of new Kay, Kay seal over new seal used is outdated. Li Hung et al borrowers into full all the new Kay personal accounts, his behavior purely personal behavior.
 
For seal management, the oil side said, he had issued a notice to clean up the gas station seal, require branches around the city will belong to the gas station office received the official seal of unified management, obsolete seal must be promptly destroyed. October 2011 also issued over the ban, the occurrence of non-lending stations, Guaranty. Kay deliberately conceal the full new stations void seal without reservations, and implement illegal deposit-taking behavior, are deliberate crime.
 
PetroChina criminal acts of individual employees in terms of implementation, there is no statutory regulatory obligations. Regulators can not do good every employee to ensure that it is not criminal.
 
In the oil field also believe that Li Hung et al in order to obtain illegal high interest Xichu engaged in illegal activities over the new Kay and ultimately resulted in the loss. The seventh station is just a gas station, oil by the higher distribution, required daily by the higher cost allocation, and the oil is large state-owned listed companies, it is impossible to personal loan shark, not pass the gas station financing, but does not allow corporate finance enter the individual employee accounts. Private entrepreneurs this is business sense, Li Hong, who is with rich experience in business, and did not do the most basic duty of care, finally resulting in huge losses. Li Hong,nike tn, who face high interest rates lured away from the normal track of the real economy, participating in an illegal Xi Chu generate losses, liabilities should by themselves.
 
The borrower seeks compensation for loss of interest
 
At the same appeal in the oil field, the first instance in favor of the plaintiffs have appealed south Beijing. South Beijing believes that the oil not only to compensate its principal aspect, but also compensation for their interest. First instance verdict did not support the claims of its interest demanded, pleaded south to Beijing this, he appealed. South Beijing said illegal Xichu behavior over the new Kay brought him a great loss, and now have to deal with busy daily home debt collection, "I lent a lot of money over the new Kay borrowed this thing to My business is ruined, I have to advocate the interest. "
 
July 2, Li Hong, Wang Feng also said they did not appeal the first instance verdict has been recognized, "As long as the recovery of principal, interest can not, but we still suffered a great loss." Li Hong said, more than 46 million have not recovered, and his own clothing business operations affected, "No. hundred factory workers, monthly salary is a lot of money chasing not return this more than 4600 million and it is not impossible factory collapse . " However, due to an appeal in the oil field, Li Hong,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, Wang Feng, who claims the lawsuit is not over, Li Hong, Wang Feng said,http://www.tsuyamaoa.com, has already begun the second trial.
 
Currently, the case is under further investigation Hebei Provincial High Court.
 
Jinghua Times reporter Zhang Jian
 
(Original title: Employee illegal Xichu oil Pi Panpei 110 million)
 (Edit: SN098)